New Trial Due to Prosecutional Misconduct Subsequently Known As ''Huff Hearing''

In Huff v. State, 437 So. 2d 1087 (Fla. 1983), this Court reversed the convictions and remanded for a new trial due to prosecutorial misconduct. On retrial, Huff was again convicted and sentenced to death. In Huff v. State, 495 So. 2d 145 (Fla. 1986), this Court affirmed the convictions and sentences. In 1988, Huff filed his first rule 3.850 motion, which was subsequently stricken by the trial court. In Huff v. State, 569 So. 2d 1247 (Fla. 1990), this Court held that the circuit court should have considered Huff's rule 3.850 motion. On remand, the circuit court considered Huff's motion but denied relief without a hearing. In doing so, the circuit court entered a proposed order submitted by the State without affording Huff the opportunity to raise objections or submit an alternative order. Thus, in Huff v. State, 622 So. 2d 982 (Fla. 1993), this Court again remanded and ordered the circuit court to hold a hearing for the purpose of determining whether an evidentiary hearing was required and to hear legal argument relating to the rule 3.850 motion. Such hearings have subsequently become known as Huff hearings.